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HomeMy WebLinkAbout1996-05-01 Conservation Commission Minutes North Andover Conservation Commission May 1, 1996 700PM Senior Citizens' Center Present George L Reich Joseph Lynch Robert L Mansour Albert P Manzi, Jr Joseph Mottola Scott Masse Staff Michael D Howard Donna Mae D'Agata Julie A Parrmo Chairman Reich called the meeting to order at 7 00 P M Minutes Motion by A Manzi to accept the minutes of April 17, 1996, second J Mottola Vote 6- 0-0 New Business Discussion Warrant Article and Limited Growth Bylaw/Planned Residential Development and Open Space Funds, Filing Fees Warrant Articles and Limited Growth Bylaw/Planned Residential Development G Reich asked the commission if they would consider endorsing the Warrant Article on Limited Growth Bylaw M Howard stated that the Planning Board is not endorsing this Bylaw A Manzi stated that if the commission endorses a non-wetland article they would be considered biased Personally he is in favor of the Bylaw but as a commissioner he is hesitant A Manzi suggested each commissioner express their vote as individuals at the town meeting Open Space Funds M Howard informed the commission that he was seeking to appropriate $25,000 at town meeting for use by the Conservation Commission M Howard stated that those funds together with existing funds would total $40,000 M Howard further stated that he was requesting $20,000 for the Open Space Committee through the CIP Budget G Reich stated that the Selectmen and the Finance Director recommend that no money articles be discussed at a public hearing Discussion is to be in Executive Session M Howard asked the commission to take a stance on the PRD Article which attempts to eliminate PRDs J Parrino stated that all members of the Open Space Committee • North Andover Conservation Commission 2 • May 1,1996 opposes this article and would be speaking individually at the town meeting in favor of this request A Manzi asked how many acres are preserved M Howard stated those figures are available and he would get them He stated that there are 44 acres at Foxwood J Parrino stated that access and trail systems need to be created M Howard asked for support J Lynch stated they should speak in favor of Planned Residential Developments (PRD) J Mottola stated he is in favor of the PRD A Manzi stated that larger parcels yield to a more expensive house and residents would be concerned with smaller lots Motion by J Lynch that the Conservation Commission endorse the PRD and they are to speak in opposition to the Warrant and each member will speak as an individual at town meeting, second by A Manzi Vote 6-0-0 Discussion 35 Holly Ridge Road, Violation, Continued from April 17 M Howard stated that he sent a letter dated March 8, 1996 to Carter & Coleman, Attorneys at Law, regarding flooding problems at 35 Holly Ridge Road M Howard stated that his letter is in response to correspondence from the law firm to the Town Planner and the Board of Selectmen dated February 19, 1996 A history of the property was discussed M Howard stated that after an inspection of the property, he concludes that the flooding problem at the site is not the responsibility of the town M Howard stated that violations have also occurred on this property An unknown square footage of BVW was filled and permitted for the purposes of constructing Lot 3 Holly Ridge Road under DEP #242-348 The home was built in close proximity and potentially within the limits of a vegetated wetland The house was modified by the builder and the garage was placed under the house rather than as an attached unit M Howard feels that the burden may exist with the builder The letter from the attorney states that action may, be taken against the town S Masse's concern is that the property owner knowingly violated the wetlands and obtained counsel after the fact He feels the homeowner knew what was going on A Manzi stated that the yard was always under water, before North Andover Estates G Reich requested a vote by the commission to Issue a Violation and an Enforcement Order is to be issued citing the violations at this time, however, the Commission reserves the right to monitor the situation No fine is to be issued Motion by R Mansour to Issue an Enforcement Order and a Violation with a Cease and Desist through the Enforcement Order, second by J Lynch Vote 6-0-0 242-765 Lot 8 Lost Pond Lane Minor Modification 242-767, Lot 13 Lost Pond Lane, Minor Modification Steven Saraceno of Neve Associates addressed the commission He requested that both Lot 8 Lost Pond Lane and Lot 13 Lost Pond Lane be discussed He is requesting minor modifications to these sites He provided revised plans to the commission M Howard stated the modifications are minor Steven Saraceno stated the wetland line North Andover Conservation Commussion 3 May 1,1996 for Lot 8 has not changed G Reich stated the replication work on Lot 13 is to be completed prior to work on Lot 8 R Mansour asked if there would be a sump pump in the cellar Steven Saraceno stated that David Kindred would recommend that a sump pump be installed The commission is confident with the work of David Kindred Motion by J Lynch to Issue a Minor Modification for Lot 8 Lost Pond Lane, second by A. Manzi Vote 6-0-0 Motion by J Lynch to Issue a Minor Modification for Lot 13 Lost Pond Lane, second by A Manzi Vote 6-0-0 242-242, Lot 3, 79 Tucker Farm Road, Partial Certificate of Compliance M Howard addressed the commission An Order of Conditions was issued for the Subdivision He advised the commission that a Request for Determination for Lot 3 had been filed and was found to be negative This is an administrative error Motion by J Lynch to Issue a Partial Certificate of Compliance for Lot 3, 79 Tucker Farm only, second by A Manzi Vote 6-0-0 242-702, Lot 1A, 486 Sharpener's Pond Road, Certificate of Compliance G Reich stated that Benjamin Osgood, Jr requested in writing a continuance of this meeting to May 15, 1996 The commission granted the request to continue to May 15, 1996 Decision 242-802 Lot 3 Sherwood Drive Timberland Builders Inc M Howard read the draft decision of the Order of Conditions The Commission discussed the order Motion by J Lynch to accept the Order, second by A Manzi Vote. 6-0-0 Discussion 242-475/721 Lots 1-6 Salem Street/Pinewood/Woodchuck M Howard addressed the commission and discussed re-establishing the haybale line A Manzi stated that runoff is coming from the hill M Howard stated he will ask Jam Demetri to come before the commission on May 15, 1996 North Andover Conservation Commission 4 May 1, 1996 Summer Help M Howard asked the Commission to consider hiring a summer intern for data entry work An hourly rate has not been established The Commission is open to this position but requires specific information l No action taken Public Hearings Requests for Determination Rte 114, Map 108C, Lots 29, 30, Map 107B, Lots 76, 77, Continued from April 17 No one is present for discussion The Commission moved this item to the end of the agenda 25 Abbott Street, Ernest and Linda Campolini, deck w/i 100' of a stream Julie Parrmo stated the homeowners are present The request is fora 12' x 16' deck to the rear of an existing home J Parrmo viewed the site and flagged it The porch to stream was measured She pulled the tape in the field No impact was noted The proposed deck area is an existing one She recommends a Negative Determination with Erosion Controls Motion by A Manzi to Issue a Negative Determination with Erosion Controls at the discretion of the Conservation Administrator, second by J Lynch Vote 6-0-0 North Main Street Sewer Replacement in Public Right-of-Way, N A D P W Benjamin J Fehan, P E of Guertin &Associates addressed the commission He represents the No Andover Department of Public Works who propose to construct 430 linear feet of new 27" and 36" gravity sewer in the public right-of-way under the commuter rail line on North Main Street The sewer work will be in the paved roadway Cochichewick Brook is in close proximity There are a few catch basins along the roadway The work can be totally isolated J Parrmo stated the project was inspected and she recommends a Negative Determination with Erosion Controls M Howard agrees Motion by J Lynch to Issue a Negative Determination with Erosion Controls at the discretion of the Conservation Administrator, work to be supervised by the Conservation Administrator or Agent, second by A Manzi Vote 6-0-0 North Andover Conservation Conunissxon 5 May 1,19% Notices of Intent 242-803, Lot 10 Chestnut Street, Continued from May 1 for DEP Comments M Howard informed the commission that comments have been received from the DEP Motion by J Lynch to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by S Masse Vote 6-0-0 242-800, Sewer Line, Salem, Summer, No Cross & Abbot Streets, Re-Open Public Hearing G Reich stated that the Commission voted at their meeting of April 17, 1996 to Re- open the Public Hearing in order for the Conservation Commission to obtain proper documentation S Masse asked if the proof of mailings were provided G Reich stated they were received and they are in the file Motion by S Masse to Close the Public Hearing without further evidence and Issue an Order of Conditions within 21 days as the proper documentation has been received, second by A Manzi for discussion Atty Domenic Terranova rose to speak G Reich advised Mr Terranova that the commission was in discussion Mr Terranova stated the issue is open for public discussion G Reich disagreed The commission reviewed the certified abutters list and compared them to the proof of mailings A Manzi stated that one name was omitted from the abutters list He stated that name is Michael Foss A Manzi was informed that the list of abutters is not updated frequently as the Registry is backlogged Most likely if a person purchased a home 10 to 13 months ago, the assessor may not have the new owner on record Therefore, the certified list before the commission is accurate as those names are on record at the time of certifying M Howard informed the commission that Mr Michael Foss was in the office earlier this day and questioned why his name was not on the abutters list The office asked him if the property was conveyed to him within the last year He confirmed that it was, and he was advised of the assessor's records Vote 6-M Atty Terranova stated an appeal will be filed G Reich stated that no more discussion can be heard North Andover Conservation Commission - 6 May 1,1996 242-784, Abbott Villa-ge Estates, Continued from April 17 This was continued from April 17 to May 1 at the request of Benjamin Osgood, Jr and granted by the commission as the consultant's report had not yet been received by North Andover Land Corp Benjamin Osgood, Jr addressed the commission He informed the commission that the engineer, Peter Ogren, is still working on getting the information Mr Osgood expected Mr Ogren to be present this evening Mr Osgood stated that he is not prepared to talk about the drainage issue Mr Osgood stated that it would be resolved by May 15 He stated that Mr Ogren has to deal with consultant and the outstanding issues will be resolved by the next hearing A Manzi stated that applicants have been asked not to come before the commission unprepared Motion by A Manzi to continue to May 15, 1996, second by J Lynch Vote 6-0-0 242-795, Lots 1 and 2 Berry Street, Continued from April 3 242-796, Lot 4 Berry Street, Continued from April 3 242-798, Lot 5 Berry Street, Continued from April 3 242-797, Lot 6 Berry Street, Continued from April 3 G Reich informed the commission that Kenneth J Ahearn of Route 114 Trust requested in writing a continuance of Lots 1 & 2, 4, 5 and 6 Berry Street to May 15, 1996 as the sites have not yet been re-flagged The owner was present and requested the continuance G Reich asked if any abutters were present There was a negative response 242-795, Lots 1 and 2 Berry Street Motion by J Lynch to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 242-796, Lot 4 Berry Street Motion by J Lynch to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 242-798, Lot 5 Berry Street Motion by J Lynch to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 242-797, Lot 6 Berry Street Motion by J Lynch to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 North Andover Conservation Com xussion 7 May 1,1996 242-792, Chestnut Street, Woodlea Estates, Continued from April 17 Steven Stapinski addressed the commission He presented revised plans Mr Stapinski stated there are two major issues that were not previously resolved The floodplain and the detention pond The bottom of the detention pond is 238 5' The soils are good and moderately well drained The sewer will be down 16" The water table will drop No deep hole tests were done around Lot 6 M Howard requested Steve D'Urso's soils data Mr Stapinski disagrees with the FEMA floodplain (236 5 v 238 0) The FEMA floodplain is not on the lot, but it can be projected back M Howard asked for calculations Mr Stapinski responded that he did not provide calculations because they were not asked for He stated the consultant's report states 238' J Lynch stated that FEMA cautioned him that the applicant should live with the 238', if not, go to FEMA and request a lower elevation S Masse agrees with J Lynch A Manzi agrees with J Lynch R Mansour stated the 236 5' is not on the plan Mr Stapinski stated that the Department of Public Works gave a waiver, the radius of the pavement at the cul-de-sac will be reduced to 45 , rather than 50', resulting in a paved diameter of 90', rather than 100' With the granted waiver, and the pavement still offset, it will be possible to achieve a 2 1 slope down to the 25' no-cut zone at the cul-de-sac, and where it is not possible, rip-rap will be provided on the 1 5 1 slope Mr Stapinski contends that the only place at issue is Lot 6 Compensatory storage may disturb areas within 25' no-cut zone The 238' is between wetland edge and setback He will have to make an encroachment into setback for the purposes of providing compensatory storage Thomas Laudani stated that there was no mapping of the 238' and there is no evidence with FEMA that the elevation is 238' Mr Laudani stated the compensatory storage at 238' is do-able M Howard stated 238' is on the site and that the Commission needs to decade if they will assume a 236 5' for the limit of BLSF with storage provided at 238' Mr Laudani stated it would accomplish the same thing for compensatory storage The 238 ' goes through Lot 6 The DPW allowing the waiver of the cul-de-sac allows developer to take care of flood issues except for Lot 6 R Mansour stated that 238 ' on the drawing 1s to match FEMA study and provide compensatory storage Mr Stapinski stated that detail and planting will be provided on the plan The finish grading will stay the same The detention pond was discussed Mr Stapinski stated excavating will be done They came up with a seasonal high of 44" Water was weeping at 16" The water will flow down to 238' The water is higher than adjacent wetlands The bottom of the pipe is at 230' elevation and all the way up is backflled in stone The water will go into the North Andover Conservation Commission & May 1,19% sewer The outlet of the pond is at 239 60' M Howard asked if the detention pond is to stay where it is The response was affirmative M Howard stated that Mr Stapinski's letter responded to the consultant's report M Howard asked Mr Stapinski his feeling about John Chessia after the phone call He stated that he feels it is a difference of opinion which slows the review process versus actual numbers Mr Stapinski stated he believes he analyzed it properly He does not agree with all Mr Chessia wants Mr Laudani stated it was a worthwhile exercise Mr Stapinski concurred Mr Stapinski stated he would be fine with a two week continuance Motion by A Manzi to Continue to May 15, 1996, second by R Mansour Vote 6-0-0 242- Lot 1 Sherwood Drive, Timberland Builders,Inc , Cont from April 17 This was continued from the April 17th meeting pending the DEP # and ruins to be depicted on plan The DEP # has not yet been provided Steven Saraceno of Neve Associates addressed the commission He presented plans depicting the ruins A Manzi stated that the septic designated on the plan does not branch out that far The tank was an above ground tank The house was where the well was Mr Saraceno stated that the site was excavated 8' to 10' and no ruins were found A Manzi stated the house was knocked down in the spring of 1990 A Manzi stated the house is not represented on the plan A Manzi stated that the lilac bush was Just outside the house and the lilac bush is still there Elsie Pouliot agreed with A Manzi A Manzi and M Howard will go to the site together with Steven Saraceno Motion by R Mansour to Continue to May 15, 1996, second by J Mottola Vote 6-0-0 242- Lot 12 Sherwood Drive Jerad IV Timberland Builders Inc Continued from April 17, 1995 for DEP Comments Motion by R Mansour to Continue to May 15, 1996 for DEP #, second by A Manzi Vote 6-0-0 242- Lot 14 Sherwood Drive Jerad IV Timberland Builders Inc Continued from April 17, 1996 for DEP Motion by R Mansour to Continue to May 15, 1996 for DEP comments, second by A Manzi, Vote 6-0-0 North Andover Conservation Conunission 9 " May 1, 1996 242-804, Lot 6C Salem Turnpike, Riding Realty Trust, Neve Associates This filing is for the purpose of constructing a house, a driveway crossing a vegetated perennial stream, a garage, well, septic tank and do regrading within 100' of a bordering vegetated wetland M Howard stated that the prior filing (242-791) was denied for lack of a wetland replication report from Steven J D'Urso The DEP has comments and Neve Associates responded to them The plan was reviewed and discussed A Positive Determination confirming the wetland delineation was issued for this site in 1995 G Reich recommended that M Howard review the comments from DEP and review Neve's letter to the DEP The replication is 2 1 Motion by R Mansour to Continue to May 15, 1996, second by A Manzi Vote 6-0-0 242- , Lot 1 36 Watkins Way, Middleton/North Andover, Edward Sullivan This filing is for the purpose of constructing a new single family home with associated grading and sub-surface disposal system No one is present Motion by R Mansour to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 Request for Determination Rte 114. Map 108C, Lots 29, 30, Mao 10713, Lots 76, 77 No one was present earlier in the evening for this request No one is present at this time. The commission discussed the plan Wetland Resource areas A B C D FB, I and associated modifications by the commission as depicted on the plan entitled "Wetland Flag #A46 exists approximately 20' up slope of A47, delete A47, located A46 and connect to A48R and A45 respectively Numerous wetlands exist off the property and are not approved by the commission at this time Motion by A Manzi to issue a Positive Determination, second by J Lynch Vote 6-0-0 Notice of Intent 242- ,_Lot 1, 36 Watkins way, Middleton/North Andover, Edward Sullivan Atty Edward Sullivan arrived at this time The commission informed him that they continued the hearing to June 5, 1996 Mr Sullivan apologized to the commission for being late as he had to attend a hearing in another town Mr Sullivan requested that North Andover Conservation Conunssion 10 May 1,1996 the hearing be continued to May 15, 1996 Mr Sullivan stated that he would re-notify the abutters of the continuance through certified mail Motion by R. Mansour to rescind his vote to Continue to June 5, 1996, second by A Manzi Vote 6-0-0 Motion by J Lynch to Continue to May 15, 1996, second by A Manzi Vote 6-0-0 Decisions 242-802 Lot 3 Sherwood Drive Jerad IV Timberland Builders Inc M Howard to draft Order 242-803, Lot 10 Chestnut Street, Kimberly D Perna M Howard read the draft version of the Order of Conditions The Commission discussed the order Motion by J Lynch to accept this Order, second by R Mansour Vote 6-0-0 242-800 Sewer Line Salem, Summer No Cross & Abbott Streets M Howard read the draft version of the Order of Conditions The Commission discussed the order Motion by J Mottola to deny this Notice, second by A Manzi Vote 2-4-0 G Reich, J Lynch, R Mansour, S Masse against Motion by J Lynch to accept this Order, second by R Mansour Vote 4-2-0 J Mottola and A Manzi against Ad'loum Motion by R Mansour to adjourn, second by J Lynch Vote 6-0-0 Georg L Reich, Chairman